أَخْبَرَنَا إِسْحَاقُ بْنُ إِبْرَاهِيمَ، قَالَ أَنْبَأَنَا سُفْيَانُ، قَالَ كَانَتْ مَخْزُومِيَّةٌ تَسْتَعِيرُ مَتَاعًا وَتَجْحَدُهُ فَرُفِعَتْ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم وَكُلِّمَ فِيهَا فَقَالَ ‏"‏ لَوْ كَانَتْ فَاطِمَةَ لَقَطَعْتُ يَدَهَا ‏"‏ ‏.‏ قِيلَ لِسُفْيَانَ مَنْ ذَكَرَهُ قَالَ أَيُّوبُ بْنُ مُوسَى عَنِ الزُّهْرِيِّ عَنْ عُرْوَةَ عَنْ عَائِشَةَ إِنْ شَاءَ اللَّهُ تَعَالَى ‏.‏
Translation
It was narrated from `A'ishah that

A woman stole (something) and she was brought to the Prophet. They said: "Who would dare to speak to the Messenger of Allah except Usamah." So they spoke to Usamah and he spoke to (the Prophet). The Prophet said: "O Usamah, the Children of Israel were destroyed because whenever a noble person among them committed a crime, for which a Hadd punishment was deserved, they would let him go. But if a low-class person among them committed such a crime, they would carry out the punishment on him. If Fatimah bint Muhammad were to steal, I would cut off her hand."

Comment

The Book of Cutting off the Hand of the Thief

Sunan an-Nasa'i 4895

Hadith Commentary

This profound narration establishes the fundamental Islamic principle of equality before the law, demonstrating that divine punishments (hudud) apply equally to all regardless of social status.

The Prophet's mention of the Children of Israel serves as a grave warning against selective justice, where elites receive preferential treatment while commoners face full legal consequences.

His declaration regarding his own daughter Fatimah represents the ultimate demonstration of justice, affirming that no one - not even the most beloved to the Prophet - stands above Allah's law.

The hadith emphasizes that the preservation of societal order through consistent application of divine law takes precedence over personal relationships or social hierarchies.

Legal Principles

The ruling applies when theft meets all conditions: the stolen property reaches the nisab (minimum value), is taken from secure custody, and there's clear evidence.

Scholars note this incident demonstrates that intercession (shafa'ah) is invalid in matters of prescribed divine punishments.

The punishment serves as both a deterrent and purification for the offender, while protecting society's rights to property security.